Back / lumbar spine decisions — 2008

The Board has granted service connection for residuals of a right hand injury secondary to PTSD. The claims for hepatitis C and low back disorder are pending.

The Board has determined that the veteran does not have a low back disability, an enlarged uterus or any residuals thereof, PTSD, gastrointestinal disorder, or bilateral hand disability as claimed. The evidence does not support these claims based on service connection.

The Board denied the veteran's claims for increased disability ratings and service connection, finding no current residuals of a cold injury to his feet and that his DM is currently controlled with medication without requiring regulation of activities or hospitalizations.

The Board denied the veteran's claim for an earlier effective date of October 18, 1999 for a 40 percent evaluation for lumbosacral instability. The RO had initially granted service connection in July 2002 with a retroactive effective date of June 19, 1970.

The VA denied the veteran's claims for increased ratings for Grave's disease and low back disorder, finding that his symptoms did not warrant higher evaluations under the applicable rating criteria.

The July 1992 rating decision denying service connection for a low back disorder is upheld as not being the result of clear and unmistakable error. The claim to reopen the low back disorder was denied, and service connection for heart disease and hearing loss were also denied.

The veteran's appeal is being remanded for additional development, including obtaining records from the Social Security Administration.

The Board has determined that the veteran's coronary artery disease, chronic fatigue, multiple joint pain, and degenerative disc disease of the lumbar spine are all related to his military service.

The Board has granted a 20 percent evaluation for the veteran's degenerative disc disease of the lumbosacral spine, effective from July 21, 1976. Additionally, the Board found that the veteran is entitled to a separate initial evaluation of 10 percent for right lower extremity radiculopathy.

The Board has determined that the veteran's service-connected lumbosacral strain with degenerative disc disease of the lumbar spine warrants a 40 percent disability rating effective June 1, 2006.

The veteran's claim for a disability rating in excess of 20 percent for her service-connected degenerative disc disease of the lumbar spine with disc bulge was denied. The RO found that her forward flexion did not meet the criteria for a higher evaluation, and there were no incapacitating episodes or neurological deficits.

The veteran is seeking an increased evaluation for his service-connected degenerative disc disease of the lumbar spine. The Board previously denied this claim, but a remand was ordered due to inadequate examination and new regulations.

The veteran's claims for service connection for PTSD and an initial evaluation in excess of 40 percent for lumbosacral strain were denied. The Board found that the evidence did not support a current diagnosis of PTSD, and there was no credible supporting evidence of an in-service stressor. For the lumbosacral strain claim, the veteran's disability did not meet the percentage criteria for a 40 percent rating under any applicable diagnostic codes.

The veteran's cervical spine disability, characterized by degenerative disc disease, is currently rated at 30 percent. The Board found that the evidence did not warrant a higher rating under either the old or new criteria for evaluating intervertebral disc syndrome or other disabilities of the cervical spine.

The Board has determined that the veteran's low back disability, malaria, amoebic dysentery, and peripheral neuropathy are not service-connected.

The Board found no evidence linking the veteran's current bilateral ear condition or back disability to his military service, and thus denied both claims.

The Board found no evidence linking the veteran's low back disability to service, and denied his claim for service connection.

The Board found no evidence of a low back disorder in service and concluded that the current condition is not related to service or any service-connected disability.

The veteran's claims are being remanded due to the submission of additional medical evidence without a waiver, and they will be reconsidered by the RO.

The veteran's appeal is remanded to determine the appropriate evaluation for his service-connected corneal abrasion of the right eye and to address issues regarding service connection for various disabilities.,The veteran's claim for service connection for a left eye disability remains pending. The Board will schedule him for an examination to assess the current severity of his service-connected right eye disability, determine if he has a current left eye disability related to service, and evaluate whether any such disability is related to service.,The veteran's claim for service connection for a low back disability is remanded to determine if it is as likely as not that his current back condition is related to parachute jumps during active service or other injuries sustained in service. The Board will also address the issue of service connection for erectile dysfunction, including whether it is related to his service-connected right eye disability.,The veteran's claim for service connection for headaches and a skin rash of the groin are both remanded. For headaches, the Board will determine if there is a current headache disorder or migraines related to an injury in service or as secondary to his service-connected right eye disability. For the skin rash, the Board will determine if it is as likely as not that the condition is etiologically related to a skin rash for which he was treated during service.,The veteran's claim for service connection for erectile dysfunction remains pending and will be addressed after determining whether or not his current condition is related to his back disability or medications prescribed for other service-connected disabilities. The Board will also determine if the condition is as likely as not related to any event or injury in service.